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Patna High CourtCR. MISC./27422/2017allowed

Niranjan Bhagat @ Niranjan Kumar Bhagat v. The State Of Bihar

2017-07-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27422 of 2017 Arising Out of PS.Case No. -373 Year- 2015 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Niranjan Bhagat @ Niranjan Kumar Bhagat son of Manik Chand Bhagat Resident of Village- Shankarpur, P.S.- Alamnagar, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsels for the petitioner and the State.

The petitioner is in custody in connection with Shastri Nagar P.S. Case No. 373 of 2015 for the offences under Section 387 of the Indian Penal Code and Section 65 of Information & Technology Act.

The petitioner is in custody since 16.2.2016. His name surfaced in this case on the basis of confessional statement of co-accused Santosh Kumar, who was granted bail by the court below by order dated 8.10.2015 passed in B.P. No. 2655 of 2015. Submission on behalf of the petitioner is that the case of the petitioner is better than the case of said Santosh Kumar who was granted bail by the court below on 8.10.2015. It is further

Patna High Court Cr.Misc. No.27422 of 2017 (2) dt.06-07-2017 2/2 submitted that the name of the petitioner in the instant case surfaced due to suspicion. Neither the petitioner is the owner of the mobile, which is alleged to have been used for demand of ransom nor he is the account holder which was mentioned by the informant for deposit of the alleged ransom amount. Having regard to the fact that co-accused was granted bail on 8.8.2015 by the court below and the petitioner is in custody since 16.2.2016, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna or the successor Court in connection with Shastri Nagar P.S. Case No. 373 of 2015, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence and influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T